Module 1: Evolution and Administrative Framework of the Indian Competition Act Read More

It gives an overview of the competition law in India and emphasises on the dire need to have an effective competition law during 1991. This module discusses about the Monopolies & Restrictive Trade Practices Act (MRTPA), 1969 and its ineffectiveness in dealing with various competition issues.

Competition is very essential for the development of the economy and therefore practices hampering competition needed to be eliminated at the earliest. Therefore a new competition law was introduced in 2002 and further amendments were made in 2007 (More are in the pipeline to make it effective, but at the time of writing, the draft Bill has yet to be placed in the Parliament). The module explains the administrative aspects, functional aspects and core areas of the present Competition Law and distinguishes it from MRTPA, 1969. It also highlights the role of the Competition Commission of India (CCI), nearly inoperative before 2009, which is now fully geared to check anti-competitive practices. It also discusses the turf wars, with regard to power given to other authorities on competition-related issues, namely sectoral regulators and the CCI and purports that the coordination and balance of power between the two is the most efficient way to deal with it.

Module 2: Understanding Market Economy and Competition Read More

The kind of market structure determines the degree of competition which will be prevalent in a particular market. Like, monopoly has the least degree of competition which might not be good in terms of consumer's interest. This module helps in understanding the connection between competition and the market economy. It talks about different kinds of economic systems and also explains the concept of demand and supply in the market. It further explains the basic principles for market definition. It explains how competition policies like trade policy, industrial policy and labour policy etc. influence competition in the market.

Module 3: Anti-competitive Agreements Read More

The module on restrictive business practices gives a detailed explanation of the different kinds of anti-competitive practices along with the respective provisions of the Competition Act, 2002. International examples have also been cited in order to give the reader a sense of issues involving actions against anti-competitive practices. Restrictive business practices mainly include horizontal agreements, vertical agreements and abuse of dominance. It explains the factors which are considered by CCI in determining violation of provisions of the Competition Act, 2002.

Module 4: Abuse of Dominance Read More

This module lays down the factors which help in determining whether any activity of the firm is a restrictive business practice or not. It explains the whole procedure followed by CCI after receiving a complaint or when it takes a case suo moto till the final adjudication of the matter. The CCI can exercise extra territorial jurisdiction and also has the authority to apply leniency provisions in cartel cases. These have been illustrated by different case stories from India and other countries.

Module 5: Regulation of Combinations Read More

Combinations generally have a direct impact on competition in the market. This module focuses on how combinations can affect competition and provides for the remedies in case a combination has a potential to affect competition. This module explains the different varieties of mergers and distinguishes it from acquisitions. It lays down horizontal merger guidelines published by the US Department of Justice (DoJ) and the Federal Trade Commission (FTC) which will help in analyzing the effects of a merger. It also cites merger regulations of other jurisdictions like Europe and UK.

Module 6: Interface between Competition Act and Intellectual Property Law Read More

IPRs have positive as well as negative effect on competition. On one hand it gives incentives for innovation which encourages competition to produce better but on the other hand it restricts the entry of the competitors by protecting rights of an individual in a particular market. This module discusses the applicability of the CA02 in the context of IPRs. It explains the ways through which IPRs create restrictions in the market which affects competition and are allowed to be investigated by the CCI. It elaborately explains compulsory licensing and parallel imports which are considered to be legal remedies even though the products are protected under IPR laws.

Module 7: Emerging Issues in Competition Law Read More

Post Economic reforms in 1991 and the arrival of the WTO in 1995 have made cross-border issues very crucial with respect to competition. The entry of foreign firms through trade and/or investment has brought healthy competition in the domestic market. The module explains various competition issues which arise due to liberalisation of the economy. It discusses the jurisdictional aspects of the CCI. It also highlights the role of WTO in maintaining a balance between the competition laws across jurisdictions and free trade.

Post Economic reforms in 1991 and the arrival of the WTO in 1995 have made cross-border issues very crucial with respect to competition. The entry of foreign firms through trade and/or investment has brought healthy competition in the domestic market. The module explains various competition issues which arise due to liberalisation of the economy. It discusses the jurisdictional aspects of the CCI. It also highlights the role of WTO in maintaining a balance between the competition laws across jurisdictions and free trade.

Sign in

About CIRC

CIRC offers educational and training programmes in the fields of competition law and sustainable infrastructure. It aims to facilitate research, enhance understanding and explore inter-disciplinary linkages among the identified subjects.